I came home from work and my spouse was gone. He/she is not coming back. What do I do?
Separations occur every day. They often lead to the above question. The answer, however, can be quite complicated. Identifying the various issues that may be involved in a divorce is a good place to start before figuring out what you should do after the separation.
Grounds for divorce.
Most jurisdictions have identified various grounds for divorce, either "fault" grounds, or "no fault" grounds, or both. No fault grounds are generally what people think of when they hear the term irreconcilable differences. No fault grounds usually require an additional time period for separation before the parties qualify for a divorce. Fault grounds can range from adultery to desertion to incarceration to cruelty.
Child custody.
Many jurisdictions consider what is in the best interest of the child in determining an appropriate custody and visitation arrangement. The court will determine what will benefit the child the most in the long run. The desires and needs of the parents, while a factor that the court may take into account, generally is less important than the overall best interest of the child.
Child support.
Child support can be both simple and complicated. Many places use a formula or some sort of child support "guidelines" or a by which child support is determined in most cases. The formula will take into account the parents' incomes or potential incomes, work related day care expenses, the cost of health insurance, and extraordinary medical expenses. Who has custody of the child is also vitally important.
Alimony.
Alimony or spousal support is determined based on what is required for the ongoing maintenance of the spouse. There are different types of spousal support awards, different durations, different methods of payment, and different considerations for the determination of spousal support. In other words, spousal support statutes and awards vary greatly from state to state and venue to venue.
Division of property.
Property distribution generally falls into two categories: equitable distribution of property, or community property division. Equitable distribution generally means that the property should be divided fairly. Jurisdictions vary on what should be taken into account when dividing property fairly. A minority of jurisdictions use the community property concept to divide property, meaning that each spouse has a 50/50 interest in the property.
Other issues.
There are other various issues that a court may consider when talking about divorce. For example, a party may ask for a determination of who will pay attorneys fees, expert costs, or court fees. Another example is who will pay what during the pendency of the divorce suit before there is a final divorce. In other words, the above issues are not all-inclusive.
Separations occur every day. They often lead to the above question. The answer, however, can be quite complicated. Identifying the various issues that may be involved in a divorce is a good place to start before figuring out what you should do after the separation.
Grounds for divorce.
Most jurisdictions have identified various grounds for divorce, either "fault" grounds, or "no fault" grounds, or both. No fault grounds are generally what people think of when they hear the term irreconcilable differences. No fault grounds usually require an additional time period for separation before the parties qualify for a divorce. Fault grounds can range from adultery to desertion to incarceration to cruelty.
Child custody.
Many jurisdictions consider what is in the best interest of the child in determining an appropriate custody and visitation arrangement. The court will determine what will benefit the child the most in the long run. The desires and needs of the parents, while a factor that the court may take into account, generally is less important than the overall best interest of the child.
Child support.
Child support can be both simple and complicated. Many places use a formula or some sort of child support "guidelines" or a by which child support is determined in most cases. The formula will take into account the parents' incomes or potential incomes, work related day care expenses, the cost of health insurance, and extraordinary medical expenses. Who has custody of the child is also vitally important.
Alimony.
Alimony or spousal support is determined based on what is required for the ongoing maintenance of the spouse. There are different types of spousal support awards, different durations, different methods of payment, and different considerations for the determination of spousal support. In other words, spousal support statutes and awards vary greatly from state to state and venue to venue.
Division of property.
Property distribution generally falls into two categories: equitable distribution of property, or community property division. Equitable distribution generally means that the property should be divided fairly. Jurisdictions vary on what should be taken into account when dividing property fairly. A minority of jurisdictions use the community property concept to divide property, meaning that each spouse has a 50/50 interest in the property.
Other issues.
There are other various issues that a court may consider when talking about divorce. For example, a party may ask for a determination of who will pay attorneys fees, expert costs, or court fees. Another example is who will pay what during the pendency of the divorce suit before there is a final divorce. In other words, the above issues are not all-inclusive.
About the Author:
I am not your lawyer. You are not my client. This is not legal advice; it is merely information. If you need a lawyer, consult someone who is licensed to practice where you live. If you need a Fairfax divorce lawyer or a Fairfax divorce attorney, don't hesitate to contact one today.
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